NATIONAL INSURANCE CO. LTD. Vs. SUWALA DUTTA SAIKIA

JUDGEMENT

(1.) Heard Mr. R. Sarma, learned counsel for the appellant. Also heard Mr. A. Chamuah, learned counsel for the respondents/ claimants.

(2.) This appeal has been preferred against the judgment and award dated 13.12.2012 passed by the learned Member, Motor Accident Claims Tribunal (MACT), Kamrup, Guwahati in connection with MAC Case No. 1999/2003 awarding an amount of Rs. 16,53,000/- along with interest @ 6% per annum to be calculated on the said amount w.e.f. 03.07.2003 till payment, in favour of the claimants.

(3.) The brief factual background of the case is that the deceased husband of the claimant No. 1 was traveling in a Maruti Van and while coming from Guwahati towards Nagaon on 26.03.2003 at about 05:00 p.m. his vehicle met with a head on collision with a Mahindra Pickup Van bearing registration number AS-01M-7088 near Jungalbalahugarh as result of which the husband of the claimant No. 1 viz. Rajib Lochan Saikia had sustained grievous injuries and died on the spot. At the time of his death, the deceased was serving as a lecturer in the State Council of Education Research and Training (SCERT) under the Department of Elementary Education, Assam drawing an emolument of Rs. 10,000/- per month. The deceased had left behind five dependents including claimant No. 1 his wife, claimants No. 2 and 3 his parents and the claimants No. 4 and 5 being the minor children. The Mahindra Pickup Van was insured with the appellant and therefore, a claim petition was filed seeking compensation on account of the accidental death of Rajib Lochan Saikia.